Summary
A 62-year-old assembly machinist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The denial stemmed from multiple instances of marijuana use while holding a security clearance, a DUI conviction, and falsification of a security clearance application.
Specifically, the applicant was found to have falsified his September 9, 2010 security clearance application by denying illicit drug abuse in the preceding seven years and denying any illegal drug use while possessing a security clearance. Evidence showed he used marijuana on multiple occasions between approximately August 2010 and at least May 2011, and purchased it multiple times, all while holding a clearance granted around August 2000.
Additionally, the applicant pleaded guilty in August 2011 to a May 2011 DUI charge and had a prior June 1979 DWI conviction. The judge determined that the applicant's admitted, non-infrequent drug use while cleared, coupled with his DUI conviction, raised serious doubts about his reliability and judgment, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to using marijuana on multiple occasions while holding a security clearance.
- The applicant's drug use was not considered infrequent or isolated, raising doubts about his reliability and judgment.
- The applicant's DUI conviction indicated a pattern of poor judgment related to alcohol consumption.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
- AG ¶ 23(a)rejectedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use was not infrequent and raised serious doubts about his reliability.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's continued association with a friend who used marijuana undermined his claims of intent to avoid drug use.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 5, 2012
- Answer filedOct 23, 2012
- Hearing heldJan 24, 2013
- Decision dateFeb 12, 2013
Cite for
- Denial of Security Clearance Due to Illegal Drug Use While Holding a Clearance
- Impact of DUI Convictions on Security Clearance Eligibility
- Consideration of Personal Conduct in Security Clearance Decisions